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Contents  

Part I PRELIMINARY

Part II COURT PROCEDURE

Court and chambers

Proceedings

Applications and practice

Affidavits

Security in court

Witnesses and depositions

Warrants, arrests and commitments

Service and execution of process

Appeals

Part III OFFICIAL ASSIGNEE

Report of Official Assignee

Part IV TRUSTEE IN BANKRUPTCY

Part V VOLUNTARY ARRANGEMENTS

Proposal for voluntary arrangement

Interim order

Preparation of nominee’s report

Action on proposal

Procedure for review of meeting’s decision

Completion of arrangement

Part VI PROCEEDINGS IN BANKRUPTCY

Statutory demand

Creditor’s bankruptcy application

Service of creditor’s bankruptcy application

Hearing of creditor’s bankruptcy application

Actions to follow upon making of bankruptcy order on creditor’s bankruptcy application

Debtor’s bankruptcy application

Actions to follow upon making of bankruptcy order on debtor’s bankruptcy application

Interim receiver

Part VII BANKRUPTCY ADMINISTRATION

Creditors’ meeting

Statements of affairs

Examination of bankrupt and others

Settlement of list of debtors to estate

Procedure for proving debts

Quantification of claim

Secured creditors

Taking accounts of property mortgaged and sale thereof

Admission and rejection of proofs

Approval of composition or scheme

Appropriation of pay, salary, pensions, etc.

Disclaimer of lease

Disputed title to property

Special manager

Security by special manager

Distribution of dividends

Part VIII ANNULMENT AND DISCHARGE

Part IX COSTS AND TAXATION

Part IXA ELECTRONIC FILING SYSTEM

Part X MISCELLANEOUS PROVISIONS

Administration of estates of deceased insolvent

Persons of unsound mind

Registers

Accounts and audit

THE SCHEDULE

Legislative History

 
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PART IX
COSTS AND TAXATION
Award of costs
245.
—(1)  When awarding costs, the court may direct that the costs of any matter or application shall be taxed on the standard basis or on the indemnity basis, or it may fix a sum to be paid in lieu of taxed costs.
(2)  Unless the court otherwise directs, the costs of an opposed application shall follow the event and shall be taxed on the standard basis.
(3)  Where an action is brought against the Official Assignee or the trustee as representing the estate of the debtor, or where the Official Assignee or the trustee is made party to any proceedings on the application of any other party to the proceedings, he shall not be personally liable for costs.
Filing of orders
246.  Every order for payment of moneys or costs shall be sealed, signed by the Registrar and immediately filed with the proceedings.
Taxation of costs
247.  Except where a fixed sum has been awarded as costs, costs directed by any order to be paid or taxed shall be taxed on production of an office copy of the order and the allocatur duly stamped shall be signed and dated by the Registrar.
Neglect or delay in taxation
248.
—(1)  If a person whose costs, charges or expenses are to be taxed refuses or neglects when directed to do so to bring them in for taxation or to produce them for taxation, the Registrar may allow such sum as he thinks appropriate for such person’s costs or may assess them at a nominal figure.
(2)  A solicitor who delays or impedes a taxation shall, unless the Registrar otherwise directs, forfeit the fees to which he would otherwise be entitled for drawing his bill of costs and for attending the taxation.
Scales of costs and charges
249.  The scales of costs and allowances and the directions contained in the Bankruptcy (Costs) Rules (R 2) shall apply to the taxation and allowance of costs and charges in proceedings under the Act and these Rules.
Solicitor’s costs in case of debtor’s bankruptcy application
250.  The solicitor in the matter of a bankruptcy application filed by the debtor against himself shall, in his bill of costs, give credit for any sum or security received from the debtor as a deposit on account of the costs and expenses to be incurred in relation to the filing and prosecution of the bankruptcy application, and the amount of any such deposit shall be noted by the Registrar on the allocatur issued for the costs.
Costs paid otherwise than out of estate
251.  Where a bill of costs is taxed under a special order of the court which directs that the costs are to be paid otherwise than out of the estate of the bankrupt, the Registrar shall note upon the allocatur by whom, or the manner in which, the costs are to be paid.
Filing of bills and issue of allocatur
252.  Upon completion of the taxation of any costs, charges or expenses, the Registrar shall immediately file the bill with the proceedings and issue to the person presenting the bill for taxation his allocatur or certificate of taxation.
Where allocatur is lost, etc.
253.  Where it is proved to the satisfaction of the Registrar that an allocatur or certificate of taxation has been lost or destroyed, he may issue a duplicate thereof.
Certificate of employment of solicitor by trustee
254.  Before taxing the costs or charges of any solicitor employed by a trustee, the Registrar shall require a copy of the authority sanctioning the employment of a solicitor.
Sheriff’s costs
255.
—(1)  Where under section 106(1) of the Act, the Sheriff is required to deliver property or the possession thereof to the Official Assignee or the trustee, as the case may be, the Sheriff shall, without delay, bring in his bill of costs to be taxed by the Registrar.
(2)  Unless the bill referred to in paragraph (1) is brought in for taxation within one month from the date of delivery or within such longer period as the Official Assignee may allow, the Official Assignee or the trustee may decline to pay it.
Taxation of Sheriff’s costs after deduction
256.
—(1)  If the Official Assignee or the trustee, as the case may be, in writing requires any costs which the Sheriff has deducted under section 106(4) of the Act to be taxed, the Sheriff shall, within 14 days from the date of the request, bring in the costs for taxation.
(2)  The costs shall be taxed by the Registrar and any amount disallowed on taxation shall immediately be paid over by the Sheriff to the Official Assignee or the trustee.
Lodgment of bills
257.
—(1)  Bills of costs which are to be taxed shall be lodged for perusal with the Official Assignee or the trustee, as the case may be.
(2)  The party whose costs or charges are to be taxed shall, on recovering the bill of costs from the Official Assignee or the trustee, lodge it with the Registrar.
Notice of appointment to tax
258.  Upon receiving an appointment to tax a bill of costs, the person whose costs or charges are to be taxed shall give not less than 7 days’ notice of appointment to the Official Assignee or the trustee, as the case may be.
Application for costs
259.  Where a party to, or person affected by, any proceeding desires to apply for an order that he be allowed his costs, or any part of his costs, incidental to the proceeding, and the application is not made at the time of the proceeding —
(a)
he shall serve notice of his intended application on the Official Assignee or the trustee, as the case may be;
(b)
the Official Assignee or the trustee may appear at the hearing of the application and object thereto; and
(c)
no costs of or incidental to the application shall be allowed to the applicant unless the court is satisfied that the application could not have been made at the time of the proceeding.
Review of taxation
260.
—(1)  Where any costs, charges, fees or disbursements which are chargeable against the bankrupt’s estate have been taxed, the Official Assignee or the trustee, as the case may be, may require the taxation to be reviewed by a Judge.
(2)  Where the Official Assignee or the trustee requires a taxation to be reviewed, he shall give notice to the person whose bill has been taxed of the time appointed for the review.
(3)  If, upon the review of the taxation, the amount previously allowed on the bill is reduced, the amount disallowed shall, if the bill has been paid, be repaid to the Official Assignee or the trustee or other person entitled thereto.
(4)  The person whose bill is reviewed shall be allowed such costs of and incidental to his appearance on the review as the Judge thinks proper, and such costs shall be paid out of the estate.
Disallowance of costs of unnecessary bankruptcy application
261.  Where a creditor’s bankruptcy application has been filed against the debtor and before it is heard the debtor files a bankruptcy application on which a bankruptcy order is made, no costs shall be allowed to the debtor or his solicitor out of the estate, unless the court considers that the estate has benefited by the debtor’s conduct, or that in the special circumstances costs should be allowed.
Apportionment of costs in case of partnership
262.  In the case of a bankruptcy application filed against a partnership, costs payable out of the estate incurred up to and inclusive of the bankruptcy order shall be apportioned between the joint and separate estates of the partners in such proportions as the Official Assignee or the trustee may determine.